Related documents
- Is commenced by Inquest into Death Act, 2021 (Commencement) Notice, 2022
Seychelles
Inquest into Death Act, 2021
Act 47 of 2021
- Published in Supplement to Official Gazette 85 on 8 November 2021
- Assented to on 8 November 2021
- Commenced on 1 June 2022 by Inquest into Death Act, 2021 (Commencement) Notice, 2022
- [This is the version of this document from 8 November 2021.]
Part 1 – Preliminary
1. Short title and commencement
2. Interpretation
3. Authority to conduct an inquest
4. Appointment of forensic pathologist
Part 2 – Reporting of deaths
5. Obligation to report death
6. Reporting of death occurring in official custody
If a person die—7. Body not to be removed
Part 3 – Investigations into death
8. Police investigation into deaths
A police officer who comes across or receives any information about any death which is, or appears to be, a death qualifying for an inquest shall—9. Police officer to provide report to the Attorney General and Magistrate
10. Attorney General or Magistrate may direct forensic pathologist to conduct an investigation
11. Powers of forensic pathologist
Part 4 – Post-mortem examination and powers of Magistrate to order burial, cremation or exhumation
12. When post-mortem examination is necessary
13. Conduct of post-mortem examination
14. Post-mortem examination report and special examination report
15. Power of Magistrate to order exhumation
A Magistrate may, after consulting the Public Health Commissioner or if the Attorney General makes an application under section 19(2), order the exhumation of a body, or the remains of a body, for the purpose of discharging any of the Magistrate's duties, or exercising any of the Magistrate's powers under this Part.16. Power of Magistrate to order release of body for burial or cremation
Part 5 – Circumstances under which an inquest may be held
17. Jurisdiction of Magistrate to hold an inquest
18. Duty of Magistrate to hold an inquest
19. Attorney General may make an application for the Magistrate to hold an inquest
Part 6 – Inquest into death
20. Purpose of inquest
21. Law of evidence not applicable
A Magistrate holding an inquest is not bound by the law of evidence and may conduct an inquest in any manner that the Magistrate reasonably thinks fit.22. Questioning of witnesses
23. Inquests to be made public
The proceedings of an inquest shall be open to the public, unless the Magistrate is of the opinion that it is in the interests of justice, public order, public security or there is other sufficient reason, that the public or certain members of the public be excluded from the inquest or any part of the inquest.24. Adjournment of inquest when criminal proceedings are commenced
25. Adjournment of inquest when Commission is appointed under the Commissions of Inquiry Act or any other written law
26. Magistrate's certificate
27. Admissibility of evidence in subsequent judicial proceedings
No evidence admitted by a Magistrate in the course of an inquest shall be admissible in any subsequent judicial or disciplinary proceedings as evidence other than any proceedings for an offence of perjury.Part 7 – Miscellaneous
28. Change of Magistrate
If a Magistrate—29. Exemption
The President may, by order published in the Gazette specifying reasons therefor, exempt any person or class of persons from being subject to an inquest under this Act.30. Power to make Regulations
31. Consequential amendments and transitional provisions
History of this document
01 June 2022
08 November 2021 this version
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Inquest into Death (Conduct of Proceedings) Regulations, 2022 | Statutory Instrument 54 of 2022 |
Cited documents 4
Act 4
1. | Civil Status Act | 3 citations |
2. | Penal Code | 2 citations |
3. | Road Transport Act | 2 citations |
4. | Criminal Procedure Code | 1 citation |
Documents citing this one 2
Gazette 2
1. | Seychelles Government Gazette dated 2021-11-08 number 85 | |
2. | Seychelles Government Gazette dated 2022-05-05 number 27 |